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Res P-06-48 RESOLUTION NO. P-06-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING VARIANCE 06-07 ASSESSOR'S PARCEL NUMBER 320-230-06 WHEREAS, Variance (VAR) 06-07; Ralph and Lori Garofalo, Applicants, A request for approval to allow a 6-foot-high solid wall within the front yard setback when the maximum height permitted for a freestanding solid wall within the front yard setback in the zone is 4 feet. The property is located at 12418 Grange Place, within the Creek Road Enclave Specific Plan; and WHEREAS, on October 17, 2006, the City Council held a duly advertised public hearing to solicit comments from the public, both pro and con, relative to this application. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: The City Council finds that this project is Categorically Exempt from the California Environmental Quality Act (CEQA), as a Class 5 Categorical Exemption, pursuant to Section 15305 of the CEQA Guidelines, in that the project involves a minor alteration in land use limitations. Section 2: The findings, in accordance with Section 17.50.050 of the Poway Municipal Code, to approve Variance 06-07 to allow a 6-foot-high solid wall within the front yard setback of the property located at 12418 Grange Place, within the Creek Road Enclave Specific Plan, as shown on the site plan dated August 14, 2006, are made as follows: A. That there are special circumstances applicable to the property and because of this the strict application of the Zoning Ordinance deprives the property of privileges enjoyed by other properties in the vicinity with the identical zoning classification. The special circumstances are that the sloping topography of the site creates a unique setting so that the residence and the 6-foot-high walled front courtyard area are elevated approximately 12 feet above the grade of the access driveway. Therefore, almost half of the 30-foot front yard setback area consists of slope and provides adequate separation between the walled courtyard and the access driveway; and B. Granting the Variance is necessary for the preservation and enjoyment of a substantial property right enjoyed by other property owners in the same vicinity and not afforded to the property for which the Variance is sought because the lot is constrained by the sloping topography; and, Resolution No. P-06-48 Page 2 C. Granting the Variance would not be materially detrimental to the public health, safety, or welfare in the vicinity in that the wall is sited clear of the road easement and will not obscure traffic visibility; and, D. That the granting of this Variance does not constitute a special privilege that is inconsistent with the limitation upon other properties in the vicinity and zone in that 6-foot-high solid fencing or walls have been installed on other area single family residential properties; and, E. Granting the Variance would not allow a use or activity not otherwise expressly authorized by the Creek Road Enclave Specific Plan because 6-foot-high walls and fences are permitted in the zone; and F. That the proposed Variance will be compatible with the City's General Plan because 6-foot-high walls are permitted and do not result in a density increase. Section 3: The City Council hereby approves Variance 06-07 to allow a 6-foot-high solid wall within the front yard setback of the property located at 12418 Grange Place, within the Creek Road Enclave Specific Plan, as shown on the site plan dated August 14,2006, subject to the following conditions: A. Approval of this Variance shall apply only to the subject project, and shall not waive compliance with all sections of the Zoning Ordinance 'and all other applicable City ordinances in effect at the time of Building Permit issuance. B. Within 30 days of approval the applicant shall submit in writing that all conditions of approval have been read and understood. C. The Variance granted by this approval shall not be conducted in such a manner as to interfere with the reasonable use and enjoyment of surrounding residential uses. D. A Building Permit is not required for the subject wall provided that the applicant smooth out the slope between the subject 6-foot-high masonry wall and the parallel retaining wall to an even 2:1 slope, and call for inspection of the work by the Building Division within 60 days of the Variance approval. E. Additional fire retardant-type shrubs shall be installed in the landscape area between the subject 6-foot-high wall and the retaining wall along the access roadway to provide a dense, attractive landscape screen. Revised plans of the approved Brush Management/Landscaping Plan for the Reserve residential development shall be submitted to the Planning Division for review and approval prior to installation of the required shrubs. Resolution No. P-06-48 Page 3 Section 4: The approval of Variance 06-07 shall expire on October 17. 2008. at 5:00 p.m. unless construction or use of the property in reliance on this permit has. commenced prior to its expiration. PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 17th day of October 2006. ATTEST: ~7),~~ L. ane Shea, City Clerk STATE OF CALIFORNIA ) )SS COUNTY OF SAN DIEGO ) I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution No. P-06-48, was duly adopted by the City Council at a meeting of said City Council held on the 17th day of October 2006, and that it was so adopted by the following vote: AYES: NOES: BOYACK, EMERY, HIGGINSON, CAFAGNA NONE ABSTAIN: NONE DISQUALIFIED: REXFORD f5:e~